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Three-year sentence for man convicted of advocating genocide

A former Toronto paralegal who used the internet to promote hatred and genocide — and criminally harassed his ex-wife — must serve an additional five months in custody after a judge handed him a three-year sentence.

Superior Court Justice Michael Brown said Thursday that deterrence and denunciation are the most important sentencing principles in cases involving advocating genocide and promoting hatred.

“Sentences for hate speech must reflect the dangers posed by hate speech and society’s abhorrence of such communication,” Brown said reading his decision during Rupen Balaram-Sivaram’s sentencing hearing.

“The message must be clear that such conduct as engaged in by the defendant will not be tolerated in Canadian society, and if it is engaged in, it will be met with a severe penalty.”

Last month, after a trial by judge alone, Brown found Balaram-Sivaram guilty of ten offences, including the rare charge of advocate genocide.

Reviewing his decision, Brown said that over an extended period Balaram-Sivaram espoused his “hateful beliefs” against Jewish people and homosexuals in emails sent to public figures and media outlets and on Twitter and Facebook.

Balaram-Sivaram, in some cases, distributed offensive emails purportedly written by people he blamed for his marriage breakdown. In fact, he wrote all of them.

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Balaram-Sivaram has shown no remorse and maintained that he was not responsible for the offensive communications. He was previously found guilty of the criminal harassment of his ex-wife and was on probation when some of the offences in this matter were committed, the judge noted.

Brown also outlined several mitigating factors. “Although there were threats of violence, there were no instances of actual physical violence,” the judge said.

“He (Balaram-Sivaram) is clearly an intelligent man, with great potential to be a productive member of society, if he would dedicate himself to lawful endeavours.”

Breaking down the three-year sentence, the judge said he was giving Balaram-Sivaram 31 months’ credit for pre-sentence custody, leaving him to serve five more months behind bars.

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